The Teachers’ Pensions Regulations 2010

Case C: ill-health retirement

3.—(1) Except as provided in paragraph 4, a person (P) falls within this paragraph if—

(a) P was in pensionable employment at any time after 31st March 1972,

(b) P ceases to be in pensionable employment, excluded employment, on non-pensionable sick leave, on non-pensionable family leave or on a career break,

(c) P satisfies either Conditions 1, 2 and 3 or Condition 4, and

(d) P makes an application under regulation 107 for retirement benefits on the basis that Case C, and no other Case (apart from Case A), applies to P’s reckonable service.

(2) Condition 1 is that P is incapacitated and is likely to be incapacitated permanently.

(3) Condition 2 is that immediately before satisfying Condition 1—

(a) P was in pensionable employment,

(b) P was paying contributions under regulation C9 of TPR 1997, or

(c) P was, with the consent of P’s employer, on non-pensionable sick leave, on non-pensionable family leave or on a career break which, in every case, followed on immediately after a period of pensionable employment.

(4) Condition 3 is that P’s application under regulation 107—

(a) is made within 6 months after the end of pensionable employment, within 6 months after the end of the period in respect of which the contributions mentioned in sub-paragraph (3)(b) are paid or before the date on which, under the arrangements made with P’s employer, the non-pensionable sick leave, non-pensionable family leave or career break ends, and

(b) except where P satisfies Condition 2 because P falls within sub-paragraph (3)(b), is signed by P’s employer.

(5) Condition 4 is that P’s ability to carry out any work is impaired by more than 90% and is likely to be impaired by more than 90% permanently.